Wrongful death claims are notoriously hard to win, especially if it involves medical professionals. The event is already traumatic for the loved ones, add in legal issues, and it’s sure to compound their misery. Following article will help you under wrongful death claims and how you can initiate the process without being overwhelmed.
Table of Contents
Contact an ExpertAttorney
The first thing you need to do is to discuss your case with a wrongful death attorney as soon as possible. The sooner you can find a lawyer and start preparing your case, the better off you’ll be. They can help you navigate bureaucracy and keep your emotions in check during stressful situations like this one.
Notice of Claim
You must file a notice of claim, which can be done online or by mail, with the appropriate government entity. The following entities should be notified:
- A State agency that oversees medical treatment.
- A State agency that oversees insurance coverage for health care services delivered in a hospital or other health care facility.
- A State agency is responsible for funeral expenses and burial rights.
Assess the Value of Your Case
Look at the evidence and determine if you have enough to prove your case. If multiple parties are involved, consider whether they will cooperate with each other and give up information that could benefit your case. Study the law regarding wrongful death claims in your state. You can find this information through an internet search using keywords like “wrongful death claim” or “wrongful death statute.”
Make a Decision
If you’re considering filing a wrongful death claim, it’s essential to know whether the best option is to pursue a settlement or trial. A settlement means that your case will be decided in mediation instead of court and can be completed in less than six months. In contrast, a trial requires more time and effort on both sides. You may have to hire an attorney who will be responsible for representing your interests throughout the process. Meanwhile, the defendant’s legal team may include multiple lawyers specializing in different law areas.
Settlements are generally less expensive than trials because they don’t require extensive discovery or evidence gathering. However, you must know that not all settlements are fair, and the defendant might offer lower compensation. If this is the case, you must contact a relevant attorney to help you with negotiations and other relevant issues.
Gather Evidence
The first thing you need to do is gather evidence. You can do this by interviewing witnesses and asking them questions or searching through documents related to the case (such as medical records).When gathering evidence, keep an eye out for inconsistencies between what happened and what was reported in court proceedings. Moreover, keeping a detailed record of the expenses incurred while caring for the deceased is also an excellent way to prove the guilt.
If you have lost a loved one due to the negligence of another, it is essential to know that your legal rights are not limited. You can pursue compensation for any damages caused by their wrongdoing.
